What Not To Do If You Are Under Federal Investigation

Avoid These Pitfalls When Under Federal Investigation

If you’ve been subjected to a federal criminal investigation, you’re probably under a great deal of stress. You may be confused or uncertain of how to handle the whole thing. This is a perfectly normal reaction. The severity and workings of a federal criminal or white-collar criminal case are very different than an equal or similar case on the state level. You’ll need the assistance of a skilled attorney that will fight for your rights. In many cases, we’ve been able to beat or significantly reduce the charges. A federal conviction can bring many negative consequences. Difficulty in finding employment, family and relationship strains, embarrassment, and significant fines and jail time can all occur if you’re not properly prepared.

How Investigations Work

Federal investigations work by being notified by one of many ways or a combination of more than one. A target letter or a subpoena are common, especially with white collar crime investigations. These letters will inform you that you’re being investigated and what steps need to be taken. Another method is by a federal agent showing up at your doorstep and trying to question you regarding the matter. If you’re unavailable, they’ll leave contact information to get back to them. A search warrant is yet another method that’s utilized. Speaking to friends, family, neighbors, coworkers, or anyone else the feds deem useful in their investigation is also a common tactic. One way or another, they’re determined to get the information that they’ve been looking for. More information on federal investigations is available through the United States Department of Justice, Offices of the United States Attorneys.

In the investigations process, it’s imperative that you’re both compliant and hire an attorney at once. Misspoken words, misrepresentations or any damning evidence that’s obtained during this process will most likely be used against you. Your federal criminal investigation attorney will instruct you on how to handle these matters.

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Legal Scenario: What Would You Do?

Scenario

You just learned from a colleague that federal agents visited your workplace asking questions about your financial records. In a panic, you logged into your office computer remotely that evening and began deleting emails and spreadsheets that you thought might look suspicious.

I already deleted some files before talking to a lawyer — how much trouble am I actually in now?

Attorney's Answer

Destroying evidence after becoming aware of a federal investigation can result in separate obstruction of justice charges under 18 U.S.C. § 1519, which carries up to 20 years in prison — often a more serious penalty than the original offense being investigated. Federal investigators frequently use forensic data recovery tools, so deleted files are rarely gone permanently, and the act of deletion itself becomes powerful evidence of consciousness of guilt. Your immediate priority should be to stop destroying anything, preserve all remaining documents, and retain an experienced federal defense attorney who can assess whether voluntary disclosure or cooperation might mitigate the damage. Going forward, do not speak with investigators, do not discuss the case with colleagues, and do not take any further action with potential evidence without your attorney's guidance.

This is general information only. Contact us for advice specific to your situation.

Things to Avoid During the Investigation Process

Being Dishonest or Making False Representations